can the breeder take my dog away in replevin action

[merry27]

My friend gave us a siberian husky around june of last year. Earlier this year the breeder/seller and I were in contact as she expressed concern over where the dog was which turned sour after she attempted to bully me into returning the dog over a contract I had no knowledge about. Now after having no contact with her or her attorney for 3 months she finally files papers in court for small claims replevin action. The basis of her case is that the contract was violated as our friend had no right to give the dog away and that she had a litter of puppies. In the contract it states that the buyer agrees to have the dog spayed within 6 months and that if the buyer no longer wants or is able to care for the dog it cannot be resold or placed in a shelter. He gave us the dog about 3 months after signing the contract which is within the 6 months and we are not a shelter nor was it a sale. it also states in the contract if legal action is taken the losing party must pay all legal fees. Can I counter sue them for damages and do I have a winnable case to keep our dog? We really need some help here we love our dog and so do our children.

 

[Ohiogal]

My friend gave us a siberian husky around june of last year. Earlier this year the breeder/seller and I were in contact as she expressed concern over where the dog was which turned sour after she attempted to bully me into returning the dog over a contract I had no knowledge about. Now after having no contact with her or her attorney for 3 months she finally files papers in court for small claims replevin action. The basis of her case is that the contract was violated as our friend had no right to give the dog away and that she had a litter of puppies. In the contract it states that the buyer agrees to have the dog spayed within 6 months and that if the buyer no longer wants or is able to care for the dog it cannot be resold or placed in a shelter. He gave us the dog about 3 months after signing the contract which is within the 6 months and we are not a shelter nor was it a sale. it also states in the contract if legal action is taken the losing party must pay all legal fees. Can I counter sue them for damages and do I have a winnable case to keep our dog? We really need some help here we love our dog and so do our children.

They can't sue you as you are not a party to the contract. They don't have an action against you. File for it to be dismissed as you do NOT have a contract with the breeder.

 

[merry27]

can I sue them for harassment and emotional damage, will we still lose our dog?

 

[Zigner]

can I sue them for harassment and emotional damage, will we still lose our dog?

No - and turn off those darned court shows.

ETA: That response is for the harassment and emotional damage question. I don't see you losing the dog any time soon.

 

[adjusterjack]

can I sue them for harassment and emotional damage, will we still lose our dog?

You obviously have no clue as to how to handle this properly.

The person who said they CAN'T sue is is wrong because they DID sue you.

Now you need to respond and raise an appropriate defense.

You COULD lose your dog if you get it wrong.

I suggest you have an attorney handle this for you.

Yes, it will cost you money. But if the dog is that important to you, it's worth what it takes to keep it.

 

[Zigner]

You obviously have no clue as to how to handle this properly.

The person who said they CAN'T sue is is wrong because they DID sue you.

Fair enough - but semantics at this point, as the ATTORNEY who responded gave the valid way to handle this.

 

[merry27]

thats confusing as I am not sure who is what here. I've been given 2 different responses

 

[Ohiogal]

thats confusing as I am not sure who is what here. I've been given 2 different responses

YOU are not the proper person to sue. FILE A MOTION TO DISMISS as you are NOT a party to the contract.

 

[Ohiogal]

You obviously have no clue as to how to handle this properly.

The person who said they CAN'T sue is is wrong because they DID sue you.

Now you need to respond and raise an appropriate defense.

You COULD lose your dog if you get it wrong.

I suggest you have an attorney handle this for you.

Yes, it will cost you money. But if the dog is that important to you, it's worth what it takes to keep it.

Attorneys normally can't go to small claims court. Nor will they usually.

 

[Zigner]

Attorneys normally can't go to small claims court.

That would depend on the state...unfortunately the OP never told us what state this relates to.

Nor will they usually.

Everybody's got their price

 

[TigerD]

1. WHAT STATE ARE YOU IN?

There is a reason that question is asked.

TD

 

[Zigner]

thats confusing as I am not sure who is what here. I've been given 2 different responses

Not really - both responses told you that you have to properly defend yourself. Your "defense" is the filing of a motion for dismissal.

What state are you in?

 

[merry27]

wisconsin barron county

 

[latigo]

They can't sue you as you are not a party to the contract. They don't have an action against you. File for it to be dismissed as you do NOT have a contract with the breeder
YOU are not the proper person to sue. FILE A MOTION TO DISMISS as you are NOT a party to the contract.

What do you mean the breeder doesn't have a cause of action against the poster for replevin of the dog?!

The poster is in possession of the dog! And the elements of the action are but twofold:

A. Defendant is possession and/or control of the subject property, and

B. Claimant is legally entitled to the immediate, exclusive possession and control of the subject property.

________________

What if the poster stole the dog rather then receiving it by way of purported gift? And the breeder proves that he is entitled to its possession? Would the cause of action fail because the thief was not a party to the purchase agreement?

Is the breeder expected to file to recover the dog from the contract purchaser that by a purported gift has parted with its possession and control?

This is not an action upon a contract! It is one for claim and deliver of personalty. And the poster claiming and exercising rights of possession of the personalty is INDEED A PROPER PARTY DEFENDANT TO THE LAWSUIT!! Whether the c/a is sustainable is not the issue.

 

[Zigner]

What do you mean the breeder doesn't have a cause of action against the poster for replevin of the dog?!

The poster is in possession of the dog! And the elements of the action are but twofold:

A. Defendant is possession and/or control of the subject property, and

B. Claimant is legally entitled to the immediate, exclusive possession and control of the subject property.

________________

What if the poster stole the dog rather then receiving it by way of purported gift? And the breeder proves that he is entitled to its possession? Would the cause of action fail because the thief was not a party to the purchase agreement?

Is the breeder expected to file to recover the dog from the contract purchaser that by a purported gift has parted with its possession and control?

This is not an action upon a contract! It is one for claim and deliver of personalty. And the poster claiming and exercising rights of possession of the personalty is INDEED A PROPER PARTY DEFENDANT TO THE LAWSUIT!! Whether the c/a is sustainable is not the issue.

You have made a conclusion that cannot be sustained with the facts given, namely "Claimant is legally entitled to the immediate, exclusive possession and control of the subject property."